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(영문) 대구지방법원 경주지원 2020.05.14 2020고단54
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2019, at around 20:15, the Defendant operated a driver’s license with the 124.9c spare, without obtaining a license plate, from a section of approximately 1.5 km of blood alcohol concentration of about 0.342%, from a section of approximately 1.5 km from the front of the Defendant’s seat in the racing-si on October 30, 2019 to the front of the racing-si, the Defendant used a driver’s license plate without obtaining a license plate.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of 124.9C Madon with no number plate.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the defendant operated the above private-wheeled Ba, which was not covered by mandatory insurance at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Investigation Report - Application of the Acts and subordinate statutes for inquiry as to whether the use of a two-wheeled land is registered;

1. Relevant provisions of Article 148-2 (3) 1, Article 44 (1) of the Road Traffic Act, subparagraph 3 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, the records of the instant crime, including the background of the instant crime, the blood alcohol concentration (0.342%), operational means, driver’s license history, criminal records, etc., and the Defendant’s age, character and conduct, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc.

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